PRINTER'S NO. 1549
No. 1305 Session of 2005
INTRODUCED BY NICKOL, APRIL 6, 2005
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 6, 2005
AN ACT
1 Amending the act of June 24, 1937 (P.L.2045, No.397), entitled,
2 as amended, "An act relating to the support of indigent
3 persons; providing for the support of such persons by certain
4 relatives, and for the recovery of public moneys expended for
5 care and assistance from the property and estates of certain
6 persons; providing for guardians of the person and property
7 of such persons; providing for the arrest and seizure and
8 sale of the property of deserters; and providing procedure,"
9 further providing for relatives liable for support of
10 indigent persons and procedure to enforce support.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3 of the act of June 24, 1937 (P.L.2045,
14 No.397), known as The Support Law, amended August 22, 1961
15 (P.L.1029, No.464) and July 26, 1963 (P.L.318, No.172), is
16 amended to read:
17 Section 3. Relatives Liable for the Support of Indigent
18 Persons; Procedure to Enforce Support.--(a) The husband, wife,
19 child, (except as hereinafter provided), father and mother of
20 every indigent person, whether a public charge or not, shall, if
21 of sufficient financial ability, care for and maintain, or
1 financially assist, such indigent person at such rate as the
2 court of the county, where such indigent person resides shall
3 order or direct. No child shall be liable for the support of any
4 parent who abandoned the child and persisted in the abandonment
5 for a period of ten years during the child's minority. In
6 respect to medical assistance for the aged other than public
7 nursing home care, as provided in the [Public Assistance Law,]
8 act of June 13, 1967 (P.L.31, No.21), known as the "Public
9 Welfare Code," the responsibility of the relative liable for
10 support shall, during any twelve month period, be six times the
11 excess of such relatives average monthly income over the amount
12 required for the reasonable support of himself and other persons
13 dependent upon him, or the cost of such medical assistance for
14 the aged, whichever is less: Provided, however, That the
15 Department of Public Welfare may, by reasonable regulations,
16 adjust such relative's responsibility as herein set forth,
17 including complete elimination thereof, at a cost to the
18 Commonwealth not exceeding those funds certified from time to
19 time by the Budget Secretary as available for such purpose.
20 (b) The courts shall have power to hear, determine and make
21 orders and decrees in such cases upon the [petition of] filing
22 of a complaint by such indigent person or of any other person or
23 any public body or public agency having any interest in the
24 care, maintenance or assistance of such indigent person in the
25 manner prescribed by the Pennsylvania Rules of Civil Procedure
26 governing actions for support.
27 [(c) In all cases where an order has been made by the court
28 for the care and maintenance or assistance of a husband, wife,
29 father, mother or child, whether or not confined in any public
30 institution, and the said order has not been complied with, the
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1 court or any judge thereof, upon affidavit or petition filed
2 setting forth that the person on whom the said order has been
3 made has not complied with the said order, shall issue an
4 attachment, directed to the sheriff or other proper officer of
5 the county, directing and commanding that the person named as
6 having failed to comply with said order be brought before the
7 court at such time as the court may direct. If it shall appear
8 to the court after hearing that the person on whom the said
9 order was made has wilfully neglected or refused to comply with
10 said order, the court may adjudge said person in contempt of
11 court and, in its discretion, may commit said person to the
12 county jail for a period not exceeding six months.]
13 Section 2. This act shall take effect in 60 days.
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